Article 1910 C.c.Q.: Dwelling in Good Habitable Condition

A lessor is bound to deliver a dwelling in good habitable condition; he is bound to maintain it in that condition throughout the term of the lease. A stipulation whereby a lessee acknowledges that the dwelling is in good habitable condition is without effect.

Civil Code of Québec, art. 1910 C.c.Q.

What this article means

Article 1910 imposes a continuous obligation on the landlord: deliver a dwelling in good habitable condition at the start of the lease, and keep it that way until the end. Habitability covers the basics of a decent home: sanitary conditions, heating, no mould or vermin, working installations.

The second paragraph protects the tenant against waiver clauses: a stipulation whereby the tenant acknowledges that the dwelling is in good habitable condition is without effect. Signing a lease containing such a clause takes away none of your remedies if the dwelling turns out to be unsanitary.

This article works hand in hand with article 1913, which defines a dwelling unfit for habitation, and with article 1854 on the general maintenance obligation. In case of breach, the tenant can demand corrective work, ask for a rent reduction or, in serious cases, resiliation of the lease (article 1972).

What it means for you

If you are a tenant

Mould, no heating, vermin, water infiltration: if your dwelling is no longer in good habitable condition, article 1910 requires your landlord to fix the situation, throughout the lease. The clause in your lease where you "acknowledge" the dwelling's condition is worth nothing: the law declares it without effect.

Document the problems (dated photos, reports, written exchanges), notify the landlord, then send a demand letter with proof of receipt if they do not act. Your remedies at the Tribunal administratif du logement range from an order to carry out work to a rent reduction, up to resiliation if the dwelling becomes unfit for habitation.

If you are a landlord

The habitability obligation is continuous: it does not end when the keys are handed over. A preventive maintenance program (heating, plumbing, roofing, prompt extermination) costs less than work orders, retroactive rent reductions or a resiliation.

Do not rely on a clause acknowledging the dwelling's condition: article 1910 makes it without effect. When a tenant reports a habitability problem, respond in writing and act quickly: a record of diligent responses is your best defence if the dispute reaches the tribunal.

Related articles

• Article 1860 C.c.Q.: Duty Not to Disturb Other Tenants
• Article 1854 C.c.Q.: The landlord's core obligations
• Article 1864 C.c.Q.: The landlord's duty to make necessary repairs
• Article 1868 C.c.Q.: Urgent and necessary repairs made by the tenant
• Article 1913 C.c.Q.: A home unfit for habitation
• Article 1902 C.c.Q.: Harassment in housing
• Article 1931 C.c.Q.: The landlord's access to the home
• Article 1869 C.c.Q.: Reimbursement for urgent repairs made by the tenant
• Article 1893 C.c.Q.: Clauses that stray from the tenant's rights are of no effect
• Article 1900 C.c.Q.: Prohibited clauses in a residential lease
• Article 1901 C.c.Q.: Abusive clauses in a residential lease
• Article 1904 C.c.Q.: No security deposit and no rent in advance
• Article 1911 C.c.Q.: The duty to keep the home clean
• Article 1912 C.c.Q.: Failures to Meet Safety and Sanitation Standards